The selection effects in litigation data are one of the most daunting problems facing legal researchers. We develop a bounds approach to dealing with multiple levels of selection. We build on work by Helland and Yoon on the English rule's effect on litigation outcomes. The English rule prescribes that the loser of a lawsuit pays the winner's litigation costs. When we take selection due to settlement and to drops into account, the bounds analysis suggests that some conclusions in the works of Hughes and Snyder (1990 and 1995) may not be robust to the most extreme forms of selection.
This report is part of the RAND Corporation External publication series. Many RAND studies are published in peer-reviewed scholarly journals, as chapters in commercial books, or as documents published by other organizations.
Our mission to help improve policy and decisionmaking through research and analysis is enabled through our core values of quality and objectivity and our unwavering commitment to the highest level of integrity and ethical behavior. To help ensure our research and analysis are rigorous, objective, and nonpartisan, we subject our research publications to a robust and exacting quality-assurance process; avoid both the appearance and reality of financial and other conflicts of interest through staff training, project screening, and a policy of mandatory disclosure; and pursue transparency in our research engagements through our commitment to the open publication of our research findings and recommendations, disclosure of the source of funding of published research, and policies to ensure intellectual independence. For more information, visit www.rand.org/about/research-integrity.
The RAND Corporation is a nonprofit institution that helps improve policy and decisionmaking through research and analysis. RAND's publications do not necessarily reflect the opinions of its research clients and sponsors.